CEDH · CASELAW;DECISIONS;ADMISSIBILITY;ENG — 2 décembre 2008

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She was represented before the Court by Mr S. Vrbovski, a lawyer practising in Bitola. The Macedonian Government (“the Government”) were represented by their Agent, Mrs R. Lazareska Gerovska. The application concerns civil proceedings for determination of pecuniary claims that were previously disputed in bankruptcy proceedings. The proceedings started on 19 April 1995 and ended on 15 October 2004, when the Bitola Court of Appeal's decision of 27 September 2004 was served on the applicant. COMPLAINTS The applicant complained under Article 6 of the Convention that her case had not been heard within a reasonable time. She complained also that her civil rights could not be determined due to the protracted length of the proceedings and that judges involved had lacked the requisite independence and impartiality. THE LAW 1. The applicant complained about the length of the proceedings under Article 6 § 1 of the Convention. This provision provides as follows: “In the determination of his civil rights and obligations ..., everyone is entitled to a ... hearing within a reasonable time by [a] ... tribunal...” By letter dated 30 June 2008 the Government informed the Court that they proposed to make a unilateral declaration with a view to resolving the issue raised by this part of the application. They further requested the Court to strike out the length part of the application in accordance with Article 37 of the Convention. The declaration provided, inter alia , as follows: “... the Government would hereby like to express – by a way of unilateral declaration – its acknowledgement that in the special circumstances of the present case, the length of the domestic proceedings did not fulfil the requirement of ”reasonable time” referred to in Article 6 § 1 of the Convention. Consequently, the Government is prepared to pay to the applicant the global sum of 1,400 euros (one thousand four hundred euros). In its view, this amount would constitute adequate redress and sufficient compensation for the impugned length of the said proceedings, and thus a reasonable sum as to quantum in the present case in the light of the Court's case law. This sum is to cover any pecuniary and non-pecuniary damage as well as the costs and expenses and will be free of any taxes that may be applicable. This sum will be payable to an account named by the applicant within three months from the date of the notification of the decision pursuant to Article 37   § 1 (c) of the Convention ... In the light of the above and in accordance with Article 37 § 1 (c) of the Convention the Government would like to suggest that the circumstances of the present case allow the Court to reach the conclusion that for “any other reason” it is no longer justified to continue the examination of the application.   Moreover, there are no reasons of a general character, as defined in Article 37 § 1 in fine , which would require the further examination of the case by virtue of that provision. Therefore, the Government invites the Court to strike the application out of its list of cases.” The applicant did not provide any comment within the time-limit specified by the Registry. Having regard to the Court's practice in this field (see Petkovski v. the former Yugoslav Republic of Macedonia , no.   27314/04, 13   November 2008 and Ajvazi v. the former Yugoslav Republic of Macedonia , no.   30956/05, 13   November 2008) and to the nature of the admissions contained in the Government's declaration, as well as the amount of compensation proposed, which is compatible with the amounts awarded in similar cases, the Court considers that it is no longer justified to continue the examination of the application (Article 37 § 1(c). Moreover, in light of the above considerations, and in particular given the clear and extensive case-law on the topic, the Court is satisfied that respect for human rights as defined in the Convention and the Protocols thereto does not require it to continue the examination of this part of the application (Article 37 § 1 in fine ). Accordingly, it should be struck out of the list.   2. The applicant further complained that her civil rights could not be determined due to the protracted length of the proceedings and that the judges had lacked the requisite independence and impartiality. The Court has examined the remainder of the application as submitted by the applicant. However, having regard to all the material in its possession, and in so far as the matters complained of are within its competence, the Court finds that the applicant has failed to substantiate these complaints. It follows that this part of the application must be rejected in accordance with Article 35 §§ 3 and 4 of the Convention. For these reasons, the Court unanimously   Takes note of the terms of the respondent Government's declaration in respect of the length-of-proceedings complaint under Article 6 § 1 of the Convention; Decides to strike the application out of its list of cases in so far as it relates to the above complaint in accordance with Article 37 § 1 (c) of the Convention; Declares the remainder of the application inadmissible. Claudia Westerdiek   Peer Lorenzen   Registrar   President